Gonzalez v. Razi
338 S.W.3d 167
| Tex. App. | 2011Background
- Gonzalezes' property was foreclosed for unpaid taxes on May 1, 2007; Razi purchased it at foreclosure and recorded the sale on July 13, 2007.
- Gonzalezes claimed the property was their homestead and attempted to redeem; they sent an itemization request to the address on the deed, which was incorrect, so Razi did not receive it.
- Gonzalezes submitted affidavits to the county stating diligent search, non-residency of Razi in the county, failed contact attempts, and willingness to quitclaim; they paid $16,757.29 to redeem the property.
- Razi filed suit seeking declaratory judgment that the property was not the Gonzalezes' homestead and that redemption was not properly effected.
- Trial court held the property was not the Gonzalezes' residence homestead and that redemption was not properly completed; the court rendered judgment accordingly.
- This court reversed and remanded, holding the redemption was presumptively effective and Razi bore the burden to overcome that presumption; the evidence showed possible homestead and substantial compliance with redemption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the property the Gonzalezes' residence homestead? | Gonzalezes argued it was their homestead. | Razi contended they had not resided there for over two years and thus were not a homestead. | Gonzalezes proven homestead; presumption in favor of redemption. |
| Did the Gonzalezes substantially comply with redemption requirements? | Gonzalezes paid the correct amount and submitted sufficient affidavit. | Gonzalezes failed to pay proper amount and affidavit was insufficient. | Yes; payment and redemption were substantial and sufficient. |
Key Cases Cited
- Pace Corp. v. Jackson, 284 S.W.2d 340 (Tex. 1955) (burden of proof in declaratory judgments rests on proponent seeking action)
- Lede v. Aycock, 630 S.W.2d 669 (Tex.App.-Houston [14th Dist.] 1981) (burden allocation in declaratory judgments clarified)
- Washington v. Giles, 258 S.W.900 (Tex.Civ.App.-Galveston 1924) (owners must show attempted redemption or payment under statute)
- Travelers Indem. Co. of III. v. Fuller, 892 S.W.2d 848 (Tex.1995) (dicta treated carefully; specifics of redemption discussed)
- Jackson v. Maddox, 53 Tex.Civ.App. 478, 117 S.W. 185 (Tex.App.-Fort Worth 1909) (liberally construed redemption statutes in favor of redemption)
- Rogers v. Yarborough, 923 S.W.2d 667 (Tex.App.-Tyler 1996) (case discussed related to redemption procedures)
- Golden Eagle Archery, Inc. v. Jackson, 116 S.W.3d 757 (Tex.2003) (credibility and weight of evidence standards in appellate review)